Guardians of identity: a legal analysis of the protection of intangible cultural heritage in Brazil

Abstract

Cultural heritage encompasses tangible and intangible elements essential for preserving the memory and historical identity of a society. It includes not only monuments and objects but also practices, expressions, and knowledge passed down through generations. This study addresses the issue of how the legal protection of intangible cultural heritage influences the preservation of cultural identity. The general objective is to analyze this legal protection and its impact on cultural preservation. Specifically, it aims to: a) analyze the theoretical foundations of protection laws and policies; b) understand the theoretical influences shaping these legal strategies; c) explore the relationship between cultural identity and legal protection; and d) investigate the effective protection of intangible heritage in Brazil through IPHAN projects. The relevance of the study lies in the need to protect intangible cultural heritage in a global context of cultural homogenization, promoting a participatory approach involving local communities and government bodies. The dialectical method is adopted for its ability to address the complexity of intangible heritage protection, analyzing the contradictions and interactions between laws, public policies, and cultural practices. This methodology complements the qualitative approach and literature review, facilitating a reflective analysis of the various actors involved in cultural preservation. The study concludes that the legal protection of intangible cultural heritage is essential for preserving cultural identity in Brazil, safeguarding cultural diversity, and promoting respect and appreciation for cultural traditions, contributing to the construction of a more inclusive and sustainable society.